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Articles 91 - 120 of 382
Full-Text Articles in Legal Writing and Research
Mahanoy Area School District V. B.L.: The Court Protects Student Social Media But Leaves Unanswered Questions, David L. Hudson Jr.
Mahanoy Area School District V. B.L.: The Court Protects Student Social Media But Leaves Unanswered Questions, David L. Hudson Jr.
Law Faculty Scholarship
In Mahanoy Area School District v. B.L.: The Court Protects Student Social Media but Leaves Unanswered Questions, published in the Cato Supreme Court Review, David L. Hudson Jr. analyzes the U.S. Supreme Court’s landmark decision addressing the scope of public schools’ authority over off-campus student speech on social media. Situating Mahanoy within the Court’s broader K–12 student speech jurisprudence—from Barnette and Tinker to Fraser, Hazelwood, and Morse—the Article explains how the Court declined to adopt a categorical rule excluding off-campus speech from regulation while nevertheless ruling in favor of the student. The majority recognized diminished school …
The Global Rise Of False Testimony For False Pleas, Lucian E. Dervan
The Global Rise Of False Testimony For False Pleas, Lucian E. Dervan
Law Faculty Scholarship
This Article examines the growing global reliance on plea bargaining and challenges the foundational assumption that innocent defendants do not plead guilty absent coercion. Through a comparative analysis of the United States, Japan, and South Korea—jurisdictions at different stages of formalizing plea bargaining—the authors combine doctrinal review with cross-cultural laboratory experiments to assess the prevalence of false guilty pleas and false testimony induced by plea incentives. The findings demonstrate that a significant number of innocent participants are willing to plead guilty in exchange for leniency and, critically, to provide false testimony implicating others to secure favorable outcomes. These tendencies persist …
Bargained Justice: The Rise Of False Testimony For False Pleas, Lucian E. Dervan
Bargained Justice: The Rise Of False Testimony For False Pleas, Lucian E. Dervan
Law Faculty Scholarship
In Bargained Justice: The Rise of False Testimony for False Pleas, Andrew M. Pardieck, Vanessa A. Edkins, and Lucian E. Dervan examine the empirical foundations of plea bargaining in the United States and its global expansion to jurisdictions such as Japan and South Korea Challenging the longstanding assumption that innocent individuals do not plead guilty absent overt coercion, the authors conduct cross-cultural laboratory experiments to test whether the innocent will falsely plead guilty and falsely implicate others in exchange for leniency. Building on prior research demonstrating high rates of false guilty pleas among innocent participants, the study extends the …
The Ai Author In Litigation, Julie Cromer Young
The Ai Author In Litigation, Julie Cromer Young
Law Faculty Scholarship
In The AI Author in Litigation, Yvette Joy Liebesman and Julie Cromer Young examine whether an autonomous, emancipated artificial intelligence (AI) can meaningfully function as an “author” under the Copyright Act when subjected to the procedural realities of litigation. Moving beyond doctrinal debates over originality and creativity, the Article focuses on the practical and constitutional barriers that arise if an AI is treated as a legal author capable of suing or being sued. The authors analyze challenges involving personal jurisdiction, service of process, standing, discovery, due process, and the availability of remedies such as damages and injunctions. They argue …
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Law Faculty Scholarship
The fighting words doctrine is alive and well in the lower courts. The first part of this article briefly explains how the fighting words doctrine has fared in the U.S. Supreme Court. These results would seem to indicate that it would be rare indeed for a defendant’s words to fall under the fighting words exception. That is not always the case. The next part of this article provides a sampling of decisions in which lower courts have rejected First Amendment-based defenses to disorderly conduct, breach of the peace, or similar charges based on the fighting words doctrine. The final part …
Thurgood Marshall In Tennesee: His Defense Of Accused Rioters, His Near-Miss With A Lynch Mob, David L. Hudson Jr.
Thurgood Marshall In Tennesee: His Defense Of Accused Rioters, His Near-Miss With A Lynch Mob, David L. Hudson Jr.
Law Faculty Scholarship
n “Thurgood Marshall in Tennessee: His Defense of Accused Rioters, His Near-Miss with a Lynch Mob,” David L. Hudson Jr. examines a pivotal yet lesser-known episode in the early career of Thurgood Marshall arising from the 1946 Columbia Race Riot in Columbia, Tennessee. The article recounts how a dispute between an African-American Navy veteran and a white store employee escalated into racial violence, mass arrests of more than 100 African Americans, and sweeping law enforcement actions in the Black community. Marshall, working alongside attorneys Z. Alexander Looby, Maurice Weaver, and others, joined the defense of 25 African-American men charged with …
Unsettled Questions In Student Speech Law, David L. Hudson Jr.
Unsettled Questions In Student Speech Law, David L. Hudson Jr.
Law Faculty Scholarship
More than fifty years ago, the U.S. Supreme Court famously proclaimed in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” In subsequent decades, the Supreme Court reduced the level of free-speech protections for public school students, but Tinker is still the lodestar decision.
There remain several areas of uncertainty regarding the scope of student (K–12) First Amendment rights. This Article addresses three of those main areas: (1) whether a student’s speech can be limited by the unruly behavior …
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.
Law Faculty Scholarship
Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and speech about political candidates is inherently political speech. Thus, defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes and a greater public awareness of SLAPP suits; (2) a history and tradition of mudslinging and enhanced protection of political speech during political …
Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.
Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.
Law Faculty Scholarship
Part I of this essay examines state cyberbullying laws. These laws vary a lot in terms of language and coverage but this part attempts to group these different state laws into different categories. This section categorizes cyberbullying laws into two main categories—(1) those that treat cyberbullying as a crime and (2) those that address cyberbullying as a violation of a school’s code of conduct. Part II of this essay then addresses court decisions that deal with cyberbullying. Once again, this essay examines the topic from both the perspective of (1) criminal law decisions and (2) school law decisions.
Essay: Understanding First Amendment Freedoms Through The Remarkable Life Of "The Greatest" --Muhammad Ali, David L. Hudson Jr.
Essay: Understanding First Amendment Freedoms Through The Remarkable Life Of "The Greatest" --Muhammad Ali, David L. Hudson Jr.
Law Faculty Scholarship
Muhammad Ali represents much more than a great sports figure and one of the greatest fighters of all time.He is also the epitome of the citizen protected by the First Amendment– a man who paid dearly for his religious convictions and provocative speech, but found a defense in the amendment’s forty-five words. An examination of First Amendment freedoms through the prism of Ali can teach us much about the fragility of the amendment but also the strength that we all can find in it. The First Amendment provides: “Congress shall make no law respecting an establishment of religion or prohibiting …
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor
Belmont Law Review
No abstract provided.
Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie
Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie
Belmont Law Review
No abstract provided.
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Belmont Law Review
No abstract provided.
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Belmont Law Review
No abstract provided.
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
Belmont Law Review
No abstract provided.
Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability, Emily Guthrie
Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability, Emily Guthrie
Belmont Law Review
No abstract provided.
Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank
Belmont Law Review
No abstract provided.
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Belmont Law Review
No abstract provided.
Whole Health: A Community Approach To Healthcare Keynote #2, Professor Larry Van Horn, Professor Leah R. Fowler
Whole Health: A Community Approach To Healthcare Keynote #2, Professor Larry Van Horn, Professor Leah R. Fowler
Belmont Health Law Journal
No abstract provided.
Whole Health: A Community Approach To Healthcare Panel, Tera Hambrick, Mark Ison, Dr. Jeanne James, Caitlyn Page, William Wright
Whole Health: A Community Approach To Healthcare Panel, Tera Hambrick, Mark Ison, Dr. Jeanne James, Caitlyn Page, William Wright
Belmont Health Law Journal
No abstract provided.
Student Note: Help Us, Help You: Big Tech And The Future Of Personal Health Records, Clay Brewer
Student Note: Help Us, Help You: Big Tech And The Future Of Personal Health Records, Clay Brewer
Belmont Health Law Journal
This note will address the issues that will inevitably arise as this convergence of tech and healthcare continue. Part I will discuss a few of the current laws and regulations that seek to protect personal health records in the United States’ and Europe, specifically in comparing the United States Health Insurance Accountability and Portability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) with the European Union’s much broader response to data privacy concerns via the General Data Protection Regulation (“GDPR”). To follow, Part II will introduce three of the tech giants– Apple, Amazon, and …
Student Note: Blockchain For Dscha Compliance, Ryland Close
Student Note: Blockchain For Dscha Compliance, Ryland Close
Belmont Health Law Journal
Part I of this Note will illustrate the problems posed by drug counterfeiting and drug diversion, describe current solutions being used to address these problems, and conclude with a discussion of federal legislation that seeks to fix these weaknesses in the pharmaceutical supply chain, focusing on the tracking and tracing requirements that the DSCSA imposes on supply chain participants. In Part II, this Note will examine the development of blockchain technology as well as examine its defining characteristics. Part III will explore current industry efforts to apply blockchain technology to supply chain uses and contends that blockchain is uniquely fit …
Student Note: Finding The Positive In A Positive Drug Test: How Narrowing The Definition Of An Individualized Pre-Employment Assessment Under The Ada Can Encourage Recovery From Opioid Dependence, Sarah Ferraro
Belmont Health Law Journal
This note will address the disparities in the way courts have analyzed the direct threat exception to ADA protection, and why a uniform application of the exception is crucial to both employers and those in recovery. Part I examines how opioids have devolved from an effective pain management tool to a national enemy. This section will answer common questions about why opioids are so addictive and why doctors prescribe them in the first place. It also addresses the scope of the ADA and the direct threat exception used to justify a decision not to hire a prescription drug user, as …
From Adidas To Zenga: A Historical And Comparative Analysis Of International Intellectual Property Law In Fashion, Loren E. Mulraine
From Adidas To Zenga: A Historical And Comparative Analysis Of International Intellectual Property Law In Fashion, Loren E. Mulraine
Law Faculty Scholarship
This article provides a historical and comparative analysis of international intellectual property law as applied to the fashion industry. Tracing the development of trademark law from its common law origins in unfair competition to its modern statutory embodiment in the Lanham Act, the article examines the central role of branding in fashion’s economic and cultural influence. It further analyzes the evolution of copyright protection and its uneasy fit within a design-driven industry historically characterized as manufacturing rather than creative production. The article situates U.S. intellectual property doctrine within the broader framework of international treaties and institutions, including the Paris Convention, …
Sea Level Rise Planning For Socially Vulnerable Communities: A More Equitable Approach To Federal Buyout Programs, Travis Brandon
Sea Level Rise Planning For Socially Vulnerable Communities: A More Equitable Approach To Federal Buyout Programs, Travis Brandon
Law Faculty Scholarship
This Article examines the social justice implications of federal buyout programs as the United States increasingly confronts sea level rise and the necessity of managed retreat. Focusing primarily on the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program (HMGP), as well as related programs administered under the Stafford Act and through HUD’s Community Development Block Grants, the Article argues that existing buyout mechanisms risk perpetuating and exacerbating racial and economic inequalities. Drawing on empirical studies, case examples, and interdisciplinary scholarship, it demonstrates that structural features of the HMGP—lengthy post-disaster timelines, cost-benefit analysis methodologies that privilege high-value properties, matching-fund requirements, …
Litigating Against The Artificially Intelligent Infringer, Julie Cromer Young
Litigating Against The Artificially Intelligent Infringer, Julie Cromer Young
Law Faculty Scholarship
This article examines the procedural and remedial barriers to recognizing artificial intelligence (AI) as a legal author under the Copyright Act of 1976 by shifting the focus from doctrinal authorship debates to questions of liability. While much scholarship has explored whether AI can satisfy originality and creativity requirements, the authors argue that a critical feature of authorship—susceptibility to suit for infringement—has been largely overlooked. The article analyzes civil procedure challenges that would arise if an AI were named as a defendant, including personal jurisdiction, domicile, service of process, due process protections, and venue. It further evaluates the feasibility of traditional …
Maybe If We Turn It Off And Then Turn It Back On Again? Exploring Health Care Reform As A Means To Curb Cyber Attacks, Deborah Farringer
Maybe If We Turn It Off And Then Turn It Back On Again? Exploring Health Care Reform As A Means To Curb Cyber Attacks, Deborah Farringer
Law Faculty Scholarship
The health care industry has moved at a rapid pace away from paper records to an electronic platform across almost all sectors — much of it at the encouragement and insistence of the federal government. Such rapid expansion has increased exponentially the risk to individuals in the privacy of their data and, increasingly, to their physical well-being when medical records are inaccessible through ransomware attacks. Recognizing the unique and critical nature of medical records, the United States Congress established the Health Care Industry Cybersecurity Task Force under the Cybersecurity Information Sharing Act of 2015 for the purpose of reviewing cybersecurity …
True Friends Never Disappear, Alberto R. Gonzales
True Friends Never Disappear, Alberto R. Gonzales
Law Faculty Scholarship
In this reflective essay published in Student Lawyer, Alberto R. Gonzales recounts his personal and professional journey from a childhood marked by poverty to service at the highest levels of state and federal government, including as U.S. attorney general. Gonzales describes how early material deprivation fueled his ambition, leading him to elite educational institutions and a prestigious legal career. Yet, despite significant professional accomplishments—including service as a Texas Supreme Court justice, White House counsel, and attorney general—he reflects that achievement alone did not bring lasting fulfillment. Instead, he emphasizes the enduring importance of authentic relationships, particularly with family and …
Protecting Participants In Genomic Research: Understanding The "Web Of Protections" Afforded By Federal And State Law, Leslie E. Wolf, Catherine M. Hammack, Erin Fuse Brown, Kathleen M. Brelsford, Laura M. Beskow
Protecting Participants In Genomic Research: Understanding The "Web Of Protections" Afforded By Federal And State Law, Leslie E. Wolf, Catherine M. Hammack, Erin Fuse Brown, Kathleen M. Brelsford, Laura M. Beskow
Law Faculty Scholarship
Advances in genomic research increasingly rely on large-scale datasets combining biospecimens, electronic health records, and behavioral data. This article examines the complex legal framework governing privacy and confidentiality protections for participants in genomic research in the United States. Through a combination of qualitative interviews with national thought leaders and systematic legal analysis of federal and state statutes, the authors assess how existing legal protections operate in practice. The study evaluates several hypothetical research scenarios—including the return of individual results, data breaches, and legal demands for data access—to illustrate how laws such as the Common Rule, HIPAA, the Genetic Information Nondiscrimination …
Identity: The Demand For Dignity And The Politics Of Resentment, Elizabeth Adamo Usman
Identity: The Demand For Dignity And The Politics Of Resentment, Elizabeth Adamo Usman
Law Faculty Scholarship
This review examines Francis Fukuyama’s Identity: The Demand for Dignity and the Politics of Resentment and evaluates both its substantive thesis and its relevance to legal writing pedagogy. The reviewer summarizes Fukuyama’s three-part argument: that modern identity politics, rooted in the concept of thymos (the human desire for recognition), has reshaped political conflict; that this development poses a significant threat to liberal democratic institutions; and that a renewed, creedal national identity grounded in universal democratic values offers a necessary remedy. The review highlights major criticisms of Fukuyama’s historical framing, normative claims, and policy proposals, including his emphasis on assimilation and …